Mullinax v. Barrett
Court of Appeals of Texas
Appeal from District Court, Franklin County; W. T. Armstead, Judge. Bill of review by A. J. Barrett, as guardian, and others, against Ed Whittle and Clax-ton Mullinax. From a judgment for plaintiffs, defendant Mullinax appeals. Ed Whittle, and Jack Whittle, Jim Whittle, and Lizzie Whittle, as heirs of W. H. Whittle and his wife, owned in common 145.6 acres of the Wm. Y. Lacey survey in Franklin county. Jim and Lizzie Whittle were minors.
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Appeal from District Court, Franklin County; W. T. Armstead, Judge. Bill of review by A. J. Barrett, as guardian, and others, against Ed Whittle and Clax-ton Mullinax. From a judgment for plaintiffs, defendant Mullinax appeals. Ed Whittle, and Jack Whittle, Jim Whittle, and Lizzie Whittle, as heirs of W. H. Whittle and his wife, owned in common 145.6 acres of the Wm. Y. Lacey survey in Franklin county. Jim and Lizzie Whittle were minors. Ed Whittle was guardian of their estates. By a deed dated September 4, 1911, Ed Whittle and Jack Whittle, in consideration, as recited therein, of $200 then…
1Opinion of the Court
WILLSON, O. J.
(after stating the facts as above). [1] In his first assignment appellant complains because the court overruled his “motion to dismiss the case from the docket.” As stated above, the ground of that motion was that Barrett and the Lees were estopped by the judgment rendered in a suit prosecuted by Barrett, as guardian, against Ed Whittle to have the latter’s final account as guardian restated. That they were not es-topped by that judgment is believed to be clear; but whether they were or not need not be determined. Such a question was not presented by anything appearing on the…
2Cited by4 opinions
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